Landlord refuses to return security deposit

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feelgood_tripp

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Nine months ago the apartment I was living in became flooded due to a busted pipe in the apartment above. Several thousands of gallons of water soaked our entire apartment. Our landlord gave us notice we would have to leave within 30 days. The apartment became unlivable due to mold damage. We did as asked and moved. Our landlord told us we would get most if not all our deposit back.
This is not the case however. Nine months later and still no returned deposit. He says there was smoke damage to the walls. I am a smoker. The lease said nothing about smoking. And truthfully there was little to no damage. Nothing a coat of paint would not fix easily. I live in Ky. I feel I am owed at least half that deposit back. Our lease had already expired some time before we moved. The landlord said renewing was not needed. My question is: Do I have a good chance of getting any of that money if I take him to small claims court.
What worries me is I have very little proof of anything. All I have is several witnesses to the whole event. I truly feel the landlord has simply taken that money and used it to remodel the apartment.

Thank You for taking the time to read and respond to this.
 
Unless there is something specific on your state's landlord/tenant law regarding smoke damages to the property (since you said that there is nothing on your lease) then take him to court since he cannot just keep your deposit without an explanation. Send him a latter requesting the refund of the security deposit and request a breakdown of what he spent on the smoke repair. Gather all the evidence you can and get affidavits from the witnesses you have. You have a case here!
 
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